BILL NUMBER: SB 1043 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 21, 2014
INTRODUCED BY Senator Torres
FEBRUARY 18, 2014
An act to amend Sections 5100, 5151, 18201, 18202,
18203, 18204, 18600, 18601, 18603, 18604, 18610, 18611, 18612, 18613,
18614, 18620, 18621, 18622, 18630, 18631, 18640, 18650, 18660, and
18661 of, and to add Section 338.5 to, the Elections Code, relating
to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1043, as amended, Torres. Elections: in-lieu-filing
fee in-lieu-filing-fee and political party
qualification petitions: penal provisions.
Existing law authorizes a party to qualify to participate in any
primary election if specified requirements are met, including the
filing with the Secretary of State a petition signed by voters
declaring that the voters represent a proposed party desiring to
participate in that primary election.
This bill would define the term "political party qualification
petition" for these purposes to mean a petition circulated to qualify
a political party in accordance with existing procedures.
Existing law provides that a person committing specified
activities relating to the circulation, subscription, or signature of
an initiative, referendum, or recall petition is guilty of a
misdemeanor or felony or subject to a fine or imprisonment or both
that fine and imprisonment.
This bill would additionally provide that a person committing
these specified activities in relation to the circulation,
subscription, or signature of a political party qualification
petition would be subject to the above penal provisions.
Existing law authorizes a candidate to submit a petition
containing signatures of registered voters in lieu of a filing fee,
as specified. Existing law also provides that any person who commits
specified fraudulent or deliberate activities relating to the filing
of any nomination paper or declaration of candidacy is guilty of a
misdemeanor or subject to a fine or imprisonment, or both that fine
and imprisonment.
This bill would additionally provide that a person committing
these specified activities in relation to the submission of an
in-lieu-filing fee in-lieu-filing-fee
petition would be subject to the penal provisions specified above. By
creating additional crimes, this bill would impose a state-mandated
local program.
This bill would incorporate additional changes to Sections 5100
and 5151 of the Elections Code, as proposed by AB 2351, to be
operative only if AB 2351 and this bill are both chaptered and become
effective on or before January 1, 2015, and this bill is chaptered
last. The bill would incorporate additional changes to Section 18621
of the Elections Code, as proposed by SB 1253, to be operative only
if SB 1253 and this bill are both chaptered and become effective on
or before January 1, 2015, and this bill is chaptered last.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 338.5 is added to the Elections Code, to read:
338.5. "Political party qualification petition" means a petition
circulated to qualify a political party in accordance with Division 5
(commencing with Section 5000).
SEC. 2. Section 5100 of the Elections Code is amended to read:
5100. A party is qualified to participate in any primary election
under any of the following conditions:
(a) If at the last preceding gubernatorial election there was
polled for any one of its candidates for any office voted on
throughout the state, at least 2 percent of the entire vote of the
state.
(b) If on or before the 135th day before any primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their political affiliations
transmitted to him or her by the county elections officials, that
voters equal in number to at least 1 percent of the entire vote of
the state at the last preceding gubernatorial election have declared
their intention to affiliate with that party.
(c) If on or before the 135th day before any primary election,
there is filed with the Secretary of State a political party
qualification petition signed by voters, equal in number to at least
10 percent of the entire vote of the state at the last preceding
gubernatorial election, declaring that the voters signing the
petition represent support qualification of
a proposed party, the name of which shall be stated in the
petition, which proposed party those voters desire to have
participate in that primary election. This petition shall be
circulated, signed, verified signed and
verified, and the signatures of the voters on it shall be
certified to and transmitted to the Secretary of State by the county
elections officials substantially as provided for initiative
petitions. Each page of the petition shall bear a caption in 18-point
boldface type, which caption shall be the name of the proposed party
followed by the words "Petition to participate in the primary
election."
SEC. 2.5. Section 5100 of the Elections
Code is amended to read:
5100. A party is qualified to participate in any
a primary election under any of the following
conditions:
(a) If at (1) At
the last preceding gubernatorial election there was
polled for any one of its candidates for any primary
election, the sum of the votes cast for all of the candidates for an
office voted on throughout the state,
state who disclosed a preference for that party on the ballot was
at least 2 percent of the entire vote of the state for
that office .
(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party preference
on the ballot counted toward the 2 percent qualification threshold.
If the party wishes to have votes for any candidate not counted in
support of its qualification under paragraph (1), the party shall
notify the Secretary in writing of that candidate's name by the 7th
day prior to the gubernatorial primary election.
(b) If on On or before the 135th day
before any a primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their declared
political affiliations preference
transmitted to him or her by the county elections officials, that
voters equal in number to at least 1 0.33
percent of the entire vote of the state at the last
preceding gubernatorial total number of voters
registered on the 154th day before the primary election have
declared their intention to affiliate with
preference for that party.
(c) If on On or before the 135th day
before any a primary election, there is
filed with the Secretary of State a political party
qualification petition signed by voters, equal in number to at
least 10 percent of the entire vote of the state at the last
preceding gubernatorial election, declaring that they
represent the voters signing the petition
support qualification of a proposed party, the name of which
shall be stated in the petition, which proposed party those voters
desire to have participate in that primary election. This petition
shall be circulated, signed, verified signed
and verified, and the signatures of the voters on it shall be
certified to and transmitted to the Secretary of State by the county
elections officials substantially as provided for initiative
petitions. Each page of the petition shall bear a caption in 18-point
boldface type, which caption shall be the name of the proposed party
followed by the words "Petition to participate in the primary
election."
SEC. 3. Section 5151 of the Elections
Code is amended to read:
5151. A party is qualified to participate in a presidential
general election under any of the following conditions:
(a) If the party qualified to participate and participated in the
presidential primary election preceding the presidential general
election pursuant to Section 5100.
(b) If at the last preceding gubernatorial election there was
polled for any one of its candidates for any office voted on
throughout the state at least 2 percent of the entire vote of the
state.
(c) If on or before the 102nd day before a presidential general
election, it appears to the Secretary of State, as a result of
examining and totaling the statement of voters and their political
affiliations transmitted to him or her by the county elections
officials, that voters equal in number to at least 1 percent of the
entire vote of the state at the last preceding gubernatorial election
have declared their intention to affiliate with that party.
(d) If on or before the 135th day before a presidential general
election, there is filed with the Secretary of State a political
party qualification petition signed by voters, equal in number
to at least 10 percent of the entire vote of the state at the last
preceding gubernatorial election, declaring that they
represent the voters signing the petition support
qualification of a proposed party, the name of which shall be
stated in the petition, which proposed party those voters desire to
have participate in that presidential general election. This petition
shall be circulated, signed, and verified and the signatures of the
voters on it shall be certified to and transmitted to the Secretary
of State by the county elections officials substantially as provided
for initiative petitions. Each page of the petition shall bear a
caption in 18-point boldface type, which caption shall be the name of
the proposed party followed by the words "Petition to participate in
the presidential general election."
SEC. 3.5. Section 5151 of the Elections
Code is amended to read:
5151. A party is qualified to participate in a presidential
general election under any of the following conditions:
(a) If the The party qualified to
participate and participated in the presidential primary election
preceding the presidential general election pursuant to Section 5100.
(b) If at (1) At
the last preceding gubernatorial election there was
polled for any one of its candidates for any primary
election, the sum of the votes cast for all of the candidates for an
office voted on throughout the state who disclosed a
preference for that party on the ballot was at least 2 percent
of the entire vote of the state for that office .
(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party preference
on the ballot counted toward the 2 percent qualification threshold.
If the party wishes to have votes for any candidate not counted in
support of its qualification under paragraph (1), the party shall
notify the Secretary of State in writing of that candidate's name by
the seventh day prior to the gubernatorial primary election.
(c) If on On or before the 102nd day
before a presidential general election, it appears to the Secretary
of State, as a result of examining and totaling the statement of
voters and their declared political affiliations
preference transmitted to him or her by the
county elections officials, that voters equal in number to at least
1 percent of the entire vote of the state at the last
preceding gubernatorial election 0.33 percent of the
total number of voters registered on the 123rd day before the
presidential general election have declared their
intention to affiliate with preference for that
party.
(d) If on On or before
the 135th day before a presidential general election, there is filed
with the Secretary of State a political party qualification
petition signed by voters, equal in number to at least 10
percent of the entire vote of the state at the last preceding
gubernatorial election, declaring that they represent
the voters signing the petition support qualification
of a proposed party, the name of which shall be stated in the
petition, which proposed party those voters desire to have
participate in that presidential general election. This petition
shall be circulated, signed, and verified and the signatures of the
voters on it shall be certified to and transmitted to the Secretary
of State by the county elections officials substantially as provided
for initiative petitions. Each page of the petition shall bear a
caption in 18-point boldface type, which caption shall be the name of
the proposed party followed by the words "Petition to participate in
the presidential general election."
SEC. 3. SEC. 4. Section 18201 of the
Elections Code is amended to read:
18201. Any person who falsely makes or fraudulently defaces or
destroys all or any part of a nomination paper or an
in-lieu-filing-fee petition, is punishable by a fine not exceeding
one thousand dollars ($1,000) or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months or
two or three years or by both that fine and imprisonment.
SEC. 4. SEC. 5. Section 18202 of the
Elections Code is amended to read:
18202. Every person acting on behalf of a candidate is guilty of
a misdemeanor who deliberately fails to file at the proper time and
in the proper place any nomination paper, in-lieu-filing-fee
petition, or declaration of candidacy in his or her possession that
is entitled to be filed under this code.
SEC. 5. SEC. 6. Section 18203 of the
Elections Code is amended to read:
18203. Any person who files or submits for filing a nomination
paper, in-lieu-filing-fee petition, or declaration of candidacy
knowing that it or any part of it has been made falsely is punishable
by a fine not exceeding one thousand dollars ($1,000) or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for 16 months or two or three years or by both that fine and
imprisonment.
SEC. 6. SEC. 7. Section 18204 of the
Elections Code is amended to read:
18204. Any person who willfully suppresses all or any part of a
nomination paper, in-lieu-filing-fee petition, or declaration of
candidacy either before or after filing is punishable by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for 16 months or
two or three years or by both that fine and imprisonment.
SEC. 7. SEC. 8. Section 18600 of the
Elections Code is amended to read:
18600. Every person is guilty of a misdemeanor who:
(a) Circulating, as principal or agent, or having charge or
control of the circulation of, or obtaining signatures to, any state
or local initiative, referendum, recall, or political party
qualification petition, intentionally misrepresents or intentionally
makes any false statement concerning the contents, purport or effect
of the petition to any person who signs, or who desires to sign, or
who is requested to sign, or who makes inquiries with reference to
it, or to whom it is presented for his or her signature.
(b) Willfully and knowingly circulates, publishes, or exhibits any
false statement or misrepresentation concerning the contents,
purport or effect of any state or local initiative, referendum,
recall, or political party qualification petition for the purpose of
obtaining any signature to, or persuading or influencing any person
to sign, that petition.
(c) Circulating, as principal or agent, or having charge or
control of the circulation of, or obtaining signatures to, any state
or local initiative, or political party qualification petition
intentionally makes any false statement in response to any inquiry by
any voter as to whether he or she is a paid signature gatherer or a
volunteer.
SEC. 8. SEC. 9. Section 18601 of the
Elections Code is amended to read:
18601. Any person working for the proponent or proponents of an
initiative or referendum measure, recall petition, or political party
qualification petition who refuses to allow a prospective signer to
read the measure or petition is guilty of a misdemeanor.
An arrest or conviction pursuant to this section shall not
invalidate or otherwise affect the validity of any signature obtained
by the person arrested or convicted.
SEC. 9. SEC. 10. Section 18603 of
the Elections Code is amended to read:
18603. Every person who offers or gives money or other valuable
consideration to another in exchange for his or her signature on a
state, county, municipal, or district initiative, referendum, recall,
or political party qualification petition is guilty of a
misdemeanor.
SEC. 10. SEC. 11. Section 18604 of
the Elections Code is amended to read:
18604. Upon conviction of a violation of any provision of this
article, Article 2 (commencing with Section 18610), Article 3
(commencing with Section 18620), Article 5 (commencing with Section
18640), Article 6 (commencing with Section 18650), or Article 7
(commencing with Section 18660), the court may order as a condition
of probation that the convicted person be prohibited from receiving
money or other valuable consideration for gathering signatures on an
initiative, referendum, recall, or political party qualification
petition.
SEC. 11. SEC. 12. Section 18610 of
the Elections Code is amended to read:
18610. Every person who solicits any circulator to affix to any
initiative, referendum, recall, or political party qualification
petition any false or forged signature, or to cause or permit a false
or forged signature to be affixed, is guilty of a misdemeanor.
SEC. 12. SEC. 13. Section 18611 of
the Elections Code is amended to read:
18611. Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who circulates or causes to be circulated any
initiative, referendum, recall, or political party qualification
petition, knowing it to contain false, forged, or fictitious names.
SEC. 13. SEC. 14. Section 18612 of
the Elections Code is amended to read:
18612. Every person is guilty of a misdemeanor who knowingly
signs his or her own name more than once to any initiative,
referendum, recall, or political party qualification petition, or
signs his or her name to that petition knowing himself or herself at
the time of signing not to be qualified to sign it.
SEC. 14. SEC. 15. Section 18613 of
the Elections Code is amended to read:
18613. Every person who subscribes to any initiative, referendum,
recall, or political party qualification petition a fictitious name,
or who subscribes thereto the name of another, or who causes another
to subscribe such a name to that petition, is guilty of a felony and
is punishable by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for two, three, or four years.
SEC. 15. SEC. 16. Section 18614 of
the Elections Code is amended to read:
18614. Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who files in the office of the elections
official or other officer designated by law to receive the filing,
any initiative, referendum, recall, or political party qualification
petition to which is attached, appended , or subscribed
any signature which the person filing the petition or measure knows
to be false or fraudulent or not the genuine signature of the person
whose name it purports to be.
SEC. 16. SEC. 17. Section 18620 of
the Elections Code is amended to read:
18620. Every person who seeks, solicits, bargains for, or obtains
any money, thing of value, or advantage of or from any person, firm,
or corporation for the purpose or represented purpose of
fraudulently inducing, persuading, or seeking the proponent or
proponents of any initiative or referendum measure, recall petition,
or political party qualification petition to (a) abandon the measure
or petition, (b) fail, neglect, or refuse to file in the office of
the elections official or other officer designated by law, within the
time required by law, the initiative or referendum measure, recall
petition, or political party qualification petition after securing
the number of signatures required to qualify the measure or petition,
(c) stop the circulation of the initiative or referendum measure,
recall petition, or political party qualification petition, or (d)
perform any act that will prevent or aid in preventing the initiative
or referendum measure, recall petition, or political party
qualification petition from qualifying as an initiative or referendum
measure, or the recall petition from resulting in a recall election,
or political party qualification petition from qualifying a party is
punishable by a fine not exceeding five thousand dollars ($5,000),
or by imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years, or in a county jail
not exceeding one year, or by both that fine and imprisonment.
SEC. 17. SEC. 18. Section 18621 of
the Elections Code is amended to read:
18621. Any proponent of an initiative or referendum measure,
recall petition, or political party qualification petition who seeks,
solicits, bargains for, or obtains any money or thing of value of or
from any person, firm, or corporation for the purpose of abandoning
the same or stopping the circulation of petitions concerning the
same, or failing or neglecting or refusing to file the measure or
petition in the office of the elections official or other officer
designated by law within the time required by law after obtaining the
number of signatures required under the law to qualify the measure
or petition, or performing any act that will prevent or aid in
preventing the initiative, referendum, recall, or political party
proposed from qualifying as an initiative or referendum measure,
resulting in a recall election, or qualifying as a political party by
a political party qualification petition is punishable by a fine not
exceeding five thousand dollars ($5,000) or by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or in a county jail not exceeding one year, or
by both that fine and imprisonment.
SEC. 18.5 . Section 18621 of the
Elections Code is amended to read:
18621. Any proponent of an initiative or referendum
measure or recall measure, recall petition, or
political party qualification petition who seeks, solicits,
bargains for, or obtains any money or thing of value of or from any
person, firm, or corporation for the purpose of abandoning the same
or stopping the circulation of petitions concerning the same, or
failing or neglecting or refusing to file the measure or petition in
the office of the elections official or other officer designated by
law within the time required by law after obtaining the number of
signatures required under the law to qualify the measure or petition,
or withdrawing an initiative petition after filing it with the
appropriate elections official, or performing any act that will
prevent or aid in preventing the initiative, referendum or
recall referendum, recall, or political party
proposed from qualifying as an initiative or referendum measure,
or resulting in a recall election
election, or qualifying as a political party by a
political party qualification petition is punishable by a fine
not exceeding five thousand dollars ($5,000) or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years, or in a county jail not exceeding one
year, or by both that fine and imprisonment.
SEC. 18. SEC. 19. Section 18622 of
the Elections Code is amended to read:
18622. Every person who offers to buy or does buy from a
circulator any referendum, initiative, recall, or political party
qualification petition on which one or more persons have affixed
their signatures is guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one year, or by a
fine not exceeding one thousand dollars ($1,000), or both. This
section is not intended to prohibit compensation of a circulator, for
his or her services, by a proponent of the petition or his or her
agent.
SEC. 19. SEC. 20. Section 18630 of
the Elections Code is amended to read:
18630. Every person who threatens to commit an assault or battery
on a person circulating a referendum, initiative, recall, or
political party qualification petition or on a relative of a person
circulating a referendum, initiative, recall, or political party
qualification petition or to inflict damage on the property of the
circulator or the relative, with the intent to dissuade the
circulator from circulating the petition or in retribution for the
circulation, is guilty of a misdemeanor.
SEC. 20. SEC. 21. Section 18631 of
the Elections Code is amended to read:
18631. Every person who forcibly or by stealth takes from the
possession of a circulator any initiative, referendum, recall, or
political party qualification petition on which one or more persons
have affixed their signatures is guilty of a misdemeanor.
SEC. 21. SEC. 22. Section 18640 of
the Elections Code is amended to read:
18640. Any person working for the proponent or proponents of an
initiative or referendum measure, or a recall or political party
qualification petition, who solicits signatures to qualify the
measure or petition and accepts any payment therefor and who fails to
surrender the measure or petition to the proponents thereof for
filing is punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for 16 months or two or three years, or in a
county jail not exceeding one year, or by both that fine and
imprisonment.
SEC. 22. SEC. 23. Section 18650 of
the Elections Code is amended to read:
18650. No one shall knowingly or willfully permit the list of
signatures on an initiative, referendum, recall, or political party
qualification petition to be used for any purpose other than
qualification of the initiative or referendum measure or recall
question for the ballot or political party, except as provided in
Section 6253.5 of the Government Code. Violation of this section is a
misdemeanor.
SEC. 23. SEC. 24. Section 18660 of
the Elections Code is amended to read:
18660. Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who makes any false affidavit concerning any
initiative, referendum, recall, or political party qualification
petition or the signatures appended thereto.
SEC. 24. SEC. 25. Section 18661 of
the Elections Code is amended to read:
18661. Every public official or employee is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years, or in a county jail not exceeding one
year, or by both that fine and imprisonment, who knowingly makes any
false return, certification or affidavit concerning any initiative,
referendum, recall, or political party qualification petition or the
signatures appended thereto.
SEC. 26. (a) Section 2.5 of
this bill incorporates amendments to Section 5100 of the Elections
Code proposed by both this bill and Assembly Bill 2351. It shall only
become operative if (1) both bills are enacted and become effective
on or before January 1, 2015, (2) each bill amends Section 5100 of
the Elections Code, and (3) this bill is enacted after Assembly Bill
2351, in which case Section 2 of this bill shall not become
operative.
(b) Section 3.5 of this bill
incorporates amendments to Section 5151 of the Elections Code
proposed by both this bill and Assembly Bill 2351. It shall only
become operative if (1) both bills are enacted and become effective
on or before January 1, 2015, (2) each bill amends Section
5151 of the Elections Code, and (3) this bill is enacted after
Assembly Bill 2351, in which case Section 3 of this bill shall not
become operative.
(c) Section 18.5 of this bill incorporates amendments to Section
18621 of the Elections Code proposed by both this bill and Senate
Bill 1253. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2) each
bill amends Section 18621 of the Elections Code, and
(3) this bill is enacted after Senate Bill
1253, in which case Section 18 of this bill shall not become
operative.
SEC. 25. SEC. 27. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.